The rule is active from the
time of Barack Obama
presidency in US. Few of
the categories of H-4 visa
holders, primarily the spouse
of H-1B who are waiting for
green to work in US. This rule
was a great beneficiary for
many Indian women. Later,
in Trump’s administration,
this rule was has been
challenged by majority of
US workers supporting their
cause and stating that they
want to rescind the rule.
The case was sent back by
the three judge bench of the
US Courts of Appeals to the
District of Columbia Circuit.
The US Courts of Appeals
passed an opportunity to
district court to asses the
case and then finalise the
merits in the first instance.
“Accordingly, we reverse
the district court’s grant
of summary judgement
and remand for further
proceedings consistent with
this opinion,” the federal court
said in its order on the lawsuit
filed by Saves Jobs USA.
The court decided and
said “ameliorate certain
disincentives that currently
lead H-1B non-immigrants
to abandon efforts to remain
in the US while seeking
(lawful permanent resident)
status, thereby, minimising
disruptions to US businesses
employing such workers”.
It is understood by the
government that H-1B non-
immigrants and their families
would have delay in settling for
permanent residence. Then
H-4 visa holders condition of
inability to work during this
process leads to personal
and economic hardships that
will worsen in future days,
“increasing the disincentives
for H 1B non-immigrants to
pursue lawful permanent
resident status and thus
increasing the difficulties
that US employers have in
retaining highly educated
and highly skilled non-
immigrant workers”.
After assessing everything,
the spouses of H-1B visa
are permitted to continue
working in US. The judges
also assessed that the rule
will cause more H-7B holders
to stay in US than otherwise.
NOVEMBER 2019 | WWW.WISHESH.NET